Hossain

This appeal arises from a dispute over the termination of a partnership, Padma, LLC (Padma), between Kazi Shadat Hossain and Mohammed Jamshed Hossain for the operation of a hotel. Kazi appeals from trial court orders enforcing the terms of an agreement settling the partnership dispute and denying relief sought under Code of Civil Procedure section 473 (section 473). In the published portion of this opinion, we hold that the attorney fault provision in subdivision (b) of section 473 does not apply to an attorney’s failure to timely file opposition and a cross-motion to a motion to enforce a settlement. In the unpublished portion of the opinion, we find that the trial court did not abuse its discretion in denying Kazi’s motion for relief under the discretionary portion of section 473, and that the judgment in favor of Jamshed and against Kazi must be reversed because of a lack of evidence to support the award.

FACTUAL AND PROCEDURAL SUMMARY

DISCUSSION

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II

Kazi failed to file timely opposition to Jamshed’s motion to enforce the settlement agreement, and also was late in filing his own motion to enforce. The trial court declined to consider these late papers. Kazi…